HE 

a79i 

1890 


UC-NRLF 


C    E    725    fi77 


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r^        -\ 


THE  ^S80URI  PACIFIC  RAILWAY 
—         COMPANY 


xo 


THE  MERCANTILE  TRUST  COMPANY, 


OF    NRW    YORK, 

TRUSTEE. 


Ifitst  ®crXlat^v^X  IbXart^^jgit 


DATED   JULY    15,    1890 


C.  G.  Burgoyne,  146-150  Centre  Street,  New  York. 


+- 


THE  MISSOUKI  PACIFIC  EAILWAY  COMPANY 

TO   THE 

MEECANTILE  TEUST  COMPANY,  OF  NEW  YOEK, 

TEUSTEE. 


FIEST    COLLATEEAL    MOETGAGE,    DATED    JULY 

15th,  1890. 


^Txi5  %ntXtntXXVt^  made  and  executed  by  and  be- 
tween The  Missouri  Pacific  Eailway  Company  and  The 
Mercantile  Trust  Company,  of  New  York,  Trustee,  this  fif- 
teenth day  of  July,  1890,  ISlttUCSSetlt : 

JlVtljcXe  1.  The  Missouri  Pacific  Eailway  Company  holds 
275  Fii'st  Mortgage  Gold  Bonds  of  the  Eooks  County  Eail- 
road  Company,  of  Kansas  (being  the  entire  authorized  issue 
of  said  bonds),  each  for  the  sum  of  $1,000,  dated  January 
1st,  1885,  payable  January  1st,  1910,  and  bearing  interest  at 
the  rate  of  six  per  cent,  per  annum,  secured  by  recorded 
mortgage,  dated  January  1st,  1885,  to  Jay  Gould,  Trustee, 
on  the  road,  property  and  franchises  of  said  Company,  as 
specified  in  said  mortgage  ;  the  aggregate  amount  of  all  of 
the  bonds  secured  by  said  mortgage  being  limited  at  the 
rate  of  not  exceeding  $15,000  per  mile  for  each  completed 
mile  of  road. 

M114733 


:  *.*tta*]\4j^oi|r>  PacVic  Railway  Company  holds  400  First 
Mortgage  Gold  Bonds  of  the  St.  Louis,  Oak  Hill  and  Caron- 
delet  Railway  Company,  of  Missouri  (being  the  entire  au- 
thorized issue  of  said  bonds),  each  for  the  sum  of  $1,000, 
dated  the  1st  day  of  September,  1887,  payable  the  1st  day 
of  September,  1917,  secured  by  recorded  mortgiige,  dated  on 
said  1st  day  of  September,  1887,  to  Jay  Gould,  Trustee,  on  the 
road,  property  and  franchises  of  the  said  Company,  as  speci- 
fied in  said  mortgage,  including  6y%  miles  of  completed 
double  track  road  in  the  City  of  St.  Louis,  Missouri. 

The  Missouri  Pacific  Railway  Company  holds  1,110  of  the 
First  Mortgage  Gold  Bonds  of  the  Council  Grove,  Osage 
City  and  Ottawa  Railway  Company,  of  Kansas  (being  the 
entire  authorized  issue  of  said  bonds),  each  for  the  sum  of 
$1,000,  dated  on  the  16th  day  of  August,  1886,  maturing  on 
the  1st  day  of  July,  1911,  bearing  interest  at  the  rate  of  six 
per  cent,  per  annum,  and  secured  by  recorded  mortgage, 
dated  August  16th,  1886,  to  Russell  Sage  and  George  J. 
Gould,  Trustees,  covering  the  railroad,  property  and  fran- 
chises of  said  Company,  as  specified  in  said  mortgage  ;  the 
aggregate  amount  of  all  of  said  bonds  secured  by  said  mort- 
gage being  limited  at  the  rate  of  not  exceeding  $15,000  per 
mile  for  each  mile  of  completed  road. 

The  Missouri  Pacific  Railway  Company  holds  300  First 
Mortgage  Gold  Bonds  of  the  Missouri  Pacific  Railway  Com- 
pany in  Kansas,  each  for  the  sum  of  $1,000,  dated  the  1st 
day  of  July,  1886,  payable  the  1st  day  of  July,  1911,  bearing 
interest  at  the  rate  of  six  per  cent,  per  annum,  secured  by^ 
recorded  mortgage,  dated  the  1st  day  of  July,  1886,  to  Rus- 
sell Sage  and  George  J.  Gould,  Trustees,  covering  the  road, 
property  and  franchises  of  said  Company,  as  specified  in  said 
mortgage  ;  the  aggregate  amount  of  all  the  bonds  secured  by 
said  mortgage  being  limited  at  the  rate  of  not  exceeding 
$15,000  per  mile  of  completed  road  ;  and  The  Missouri  Pacific 
Railway  Comj^jany  may  hereafter  hold,    acquire    or   become 


possessed  of  other  of  said  bonds  secured  by  said  mortgage 
and  such  supplements  thereto  as  may  be  hereafter  executed. 

The  Missouri  Pacific  Kailway  Company  holds  2,055  First 
Mortgage  Gold  bonds  of  the  Kansas,  Nebraska  and  Dakota 
Kailway  Company,  of  the  State  of  Kansas  (out  of  an  author- 
ized issue  of  2,400  of  said  bonds),  each  for  the  sum  of 
$1,000,  dated  on  the  1st  day  of  April,  1886,  payable  on  the 
1st  day  of  April,  1916,  bearing  interest  at  the  rate  of  six  per 
cent,  per  annum,  and  secured  by  recofded  mortgage  dated 
the  1st  day  of  April,  1886,  to  The  Farmers'  Loan  and  Trust 
Company  of  New  York,  Trustee,  covering  the  road,  property 
and  franchises  of  said  Company  as  specified  in  said  mort- 
gage ;  the  aggregate  amount  of  all  the  bonds  secured  by  said 
mortgage  being  limited  at  a  rate  of  not  exceeding  $15,000  a 
mile  of  completed  road  ;  and  The  Missouri  Pacific  Railway 
Company  may  hereafter  hold,  acquire  or  become  possessed 
of  other  of  said  bonds  secured  by  said  mortgage  and  such 
supplements  thereto  as  may  be  hereafter  executed. 

The  Missouri  Pacific  Railway  Company  holds  1,095  First 
Mortgage  gold  bonds  of  the  Pacific  Railway  Company  in  Ne- 
braska, each  for  the  sum  of  $1,000,  dated  on  the  20th  day  of 
September,  1887,  payable  on  the  20th  day  of  September,  1907, 
bearing  interest  at  the  rate  of  five  per  cent,  per  annum,  and 
secured  by  recorded  mortgage  dated  the  20th  day  of  Sep- 
tember, 1887,  to  Edwin  Gould,  Trustee,  covering  the  rail- 
road, property,  and  franchises  of  said  Company  as  specified 
in  said  mortgage ;  the  aggregate  amount  of  all  the  bonds 
secured  by  said  mortgage  being  limited  at  the  rate  of  not 
exceeding  $15,000  per  mile  of  completed  road :  and  The 
Missouri  Pacific  Railway  Company  may  hereafter  hold, 
acquire  or  become  possessed  of  other  of  said  bonds  secured 
by  said  mortgage  and  such  supplements  thereto  as  may  be 
hereafter  executed. 

The  Missouri  Pacific  Railway  Company  holds  417  First 
Mortgage  gold  bonds  of  the  Council  Grove,  Smoky  Yalley 


and  Western  Railwa}^  Company,  each  for  the  sum  of  $1,000, 
dated  on  the  18th  day  of  July,  1887,  payable  on  the  1st  day 
of  July,  1917,  bearing  interest  at  the  rate  of  six  per  cent,  per 
annum,  and  secured  by  recorded  mortgage  dated  the  18th 
day  of  July,  1887,  to  George  J.  Gould,  Trustee,  covering  the 
railroad,  property  and  franchises  of  said  Company  as  speci- 
fied in  said  mortgage  ;  the  aggregate  amount  of  all  the  bonds 
secured  by  said  mortgage  being  limited  at  the  rate  of  not  ex- 
ceeding $15,000  per  "inile  of  completed  road ;  and  The  Mis- 
souri Pacific  Railway  Company  may  hereafter  hold,  acquire 
or  become  possessed  of  other  of  said  bonds  secured  by 
said  mortgage  and  such  supplements  thereto  as  may  here- 
after be  executed. 

The  Missouri  Pacific  Railway  Company  holds  500  First 
Mortgage  gold  bonds  of  the  Iron  Mountain  Railroad  Com- 
pany of  Memphis  (being  the  entire  authorized  issue  of  said 
bonds),  each  for  the  sum  of  $1,000,  dated  on  the  10th  day  of 
November,  1888,  payable  November  1st,  1908,  bearing  in- 
terest at  the  rate  of  six  per  cent,  per  annum,  and  secured  by 
recorded  mortgage  dated  the  lOtli  day  of  November,  1888, 
to  John  F.  Dillon  and  George  J.  Gould,  Trustees,  covering 
the  railroad,  terminals,  property  and  franchises  of  said  Co'b- 
pany  as  specified  in  said  mortgage. 

The  Missouri  Pacific  Railway  Company  holds  957  First 
Mortgage  gold  bonds  of  the  Kansas  City  and  Southwestern 
Railway  Companies  of  Missouri  and  of  Kansas,  each  for  the 
sum  of  $1,000,  dated  on  the  1st  day  of  September,  1886, 
payable  on  the  1st  day  of  September,  1926,  bearing  interest 
at  the  rate  of  six  per  cent,  per  annum,  and  secured  by  re- 
corded mortgages  dated  the  1st  day  of  September,  1886,  to 
Russell  Sage  and  George  J.  Gould,  Trustees,  covering  the 
railroad,  property  and  franchises  of  said  Companies  as 
specified  in  said  mortgage  ;  the  aggregate  amount  of  all  the 
bonds  secured  by  said  mortgage  being  limited  at  the  rate  of 
not  exceeding  $20,000  per  mile  of  completed  road  ;  and  The 


Missouri  Pacific  Railway  Company  may  hereafter  hold, 
acquire  or  become  possessed  of  other  of  said  fionds  secured 
by  said  mortgages,  and  such  supplements  thereto  as  may 
hereafter  be  executed. 

The  Missouri  Pacific  Railway  Company  holds  376  First 
Mortgage  gold  bonds  of  the  Grouse  Creek  Railway  Company, 
of  Kansas  (out  of  a  total  authorized  issue  of  390  of  said  bonds), 
each  for  the  sum  of  $1,000,  dated  on  the  1st  day  of  July, 
1887,  payable  on  the  1st  day  of  July,  1927,  bearing  interest 
at  the  rate  of  six  per  cent,  per  annum,  and  secured  by  recorded 
mortgage,  dated  the  1st  day  of  July,  1887,  to  John  F.  Dillon 
and  George  J.  Gould,  Trustees,  covering  the  railroad,  prop- 
erty and  franchises  of  said  Company  as  specified  in  said  mort- 
gage ;  and  Tlie  Missouri  Pacific  Railway  Company  may  holcf, 
acquire  or  become  possessed  of  the  remaining  14  bonds  au- 
thorized to  be  issued  under  said  mortgage. 

The  Missouri  Pacific  Railway  Company  holds  1,273  First 
Mortgage  gold  bonds  of  the  Topeka,  Salina  and  Western 
Railway  Company,  of  Kansas  (out  of  an  authorized  issue  of 
4,000  of  said  bonds),  each  for  the  sum  of  $1,000,  dated  on 
the  1st  day  of  January,  1883,  payable  on  the  1st  day  of  Jan- 
uary, 1923,  bearing  interest  at  the  rate  of  six  per  cent,  per 
annum,  and  secured  by  recorded  mortgage,  dated  the  1st  day 
of  January,  1883,  to  The  Farmers'  Loan  and  Trust  Com- 
pany, Trustee,  covering  the  railroad,  property  and  fran- 
chises of  said  Company  as  specified  in  said  mortgage  ;  the 
aggregate  amount  of  all  the  bonds  secured  by  said  mortgage 
being  limited  at  the  rate  of  not  exceeding  $20,000  per  mile 
of  completed  road  ;  and  The  Missouri  Pacific  Railway  Com- 
pany may  hold,  acquire  or  become  possessed  of  other  of  said 
bonds  secured  by  said  mortgage  and  such  supplements  there- 
to as  may  be  hereafter  executed. 

The  Missouri  Pacific  Railway  Company  has  contracted  to 
acquire,  wdien  issued.  First  Mortgage  six  per  cent,  gold  bonds 
aggregating  upwards  of  $1,500,000,  issued  at  the  rate  of  not 


exceeding  $16,000  per  mile  of  completed  road,  and  secured 
by  mortgage*  upon  the  railroad  and  property  belonging  to 
the  Interstate  Eailroad  Company  and  the  St.  Louis  and 
Emporia  Railroad  Company,  or  their  successor  by  consolida- 
tion, viz.,  The  Interstate  Railway  Company,  including  about 
101.43  miles  of  road  now  constructed ;  and  may  acquire 
further  like  bonds,  issued  at  a  like  rate  per  mile,  of  said 
consolidated  Company,  and  of  such  company  or  companies 
as  may  construct  extensions  of  said  lines  easterly  to  a  con- 
nection with  the  main  line  of  the  Missouri  Pacific  Rail- 
way, and  westerly  to  Newton  and  Hutchison,  Kansas. 

The  Missouri  Pacific  Railway  Company  may  also  acquire 
Pirst  Mortgage  bonds,  issued  at  a  rate  not  to  exceed  $15,000 
per  mile  of  completed  road  (except  as  to  the  Port  Scott  Belt 
Terminal  Railway  Company  hereinafter  mentioned),  and 
bearing  interest  at  a  rate  not  less  than  five  per  cent,  per 
annum,  secured  by  mortgage  covering  the  following  lines  of 
railroad  now  constructed  or  in  contemplation  : 

40  Y^Q^  miles  of  branch  railwa}^  in  the  Counties  of  Nemaha, 
Cass,  Otoe  and  Sarpy,  all  in  the  State  of  Nebraska. 

26  -^^  miles  of  road  of  The  Port  Scott  and  Eastern  Rail- 
way Company  between  Port  Scott,  in  Bourbon  County, 
Kansas,  and  Rich  Hill,  in  Bates  County,  Missouri. 

4  i^oV  miles  of  Belt  Railroad  of  The  Port  Scott  Belt  Ter- 
minal Railway  Company  constructed  around  and  about  the 
City  of  Port  Scott,  Kansas. 

About  30  miles  of  the  road  of  The  Port  Scott  and  South- 
ern Railway  Company,  between  Port  Scott,  Kansas,  and 
Minden,  in  Barton  County,  Missouri,  or  Pittsburgh,  in  Craw- 
ford County.  Kansas,  and  any  extensions  of  said  railroad 
from  said  Minden  to  Webb  City,  in  Jasper  County,  Missouri, 
or  from  said  Pittsburgh  to  Galena,  in  Cherokee  County, 
Kansas,  or  a  point  near  Galena,  on  the  State  line  between 
Kansas  and  the  Indian  Territory,  together  with  any  fur- 
ther   extensions    of    said    railroad    which    may    be    owned 


or  constructed  by  said  Company  or  by  another  or  other 
companies,  extending  southward  from  or  by  way  of  Joplin, 
into  Arkansas  or  the  Indian  Territory,  to  a  point  at  or  near 
Ft.  Smith,  or  an  intermediate  point  between  Joplin  and  Ft. 
Smith. 

5  J\^^^  miles  of  road  extending  from  a  point  on  the  line  of 
the  railway  of  the  Lexington  and  Southern  Division  of  the 
Missouri  Pacific  Railway,  at  or  near  the  City  of 
Joplin,  Jasper  County,  Missouri,  in  a  westerly  direction  to 
Galena  in  Cherokee  County,  Kansas,  or  to  a  point  on  the 
State  line  between  Missouri  and  Kansas  near  said  town  of 
Galena  ;  and  about  25  -f^^  miles  of  road  extending  from  said 
last-mentioned  point  on  the  State  line  between  Kansas  and 
Missouri  or  from  said  Galena,  in  Cherokee  County,  to 
Chetopa,  in  Labette  County,  Kansas,  being  an  extension  of 
the  Denver,  Memphis  and  x^tlantic  Railway. 

4 1  jW  miles  of  road  extending  from  Boonville,  in  the 
County  of  Cooper,  to  a  point  of  junction  with  the  main  line 
of  the  Missouri  Pacific  Railway  Company  on  Gray's  Creek 
near  Cole,  in  the  County  of  Cole,  Missouri,  known  as  the 
Low  Grade  road. 

About  22  miles  of  branch  road  between  Belle  Plaine,  in 
Sumner  County,  Kansas,  on  the  Denver,  Memphis  and 
Atlantic  Railway,  to  Wichita,  in  Sedgwick  County, 
Kansas. 

The  Missouri  Pacific  Railway  Company  hereby  agrees 
with  the  said  Mercantile  Trust  Company,  Trustee  in  this  in- 
denture, and  with  each  bondholder  secured  thereby,  that  the 
following-named  railroad  companies,  to  wit :  The  Kansas,  Ne- 
braska and  Dakota  Railway  Company  ;  The  Grouse  Creek 
Railway  Company ;  The  Topeka,  Salina  and  Western  Rail- 
way Company  ;  The  Missouri  Pacific  Railway  Company  in 
Kansas ;  The  Pacific  Railway  in  Nebraska ;  The  Council 
Grove,  Smoky  Valley  and  Western  Railway-  Company ; 
The  Kansas   City   and   Southwestern  Railway  Companies  in 


Kansas  and  in  Missouri ;  and  The  Interstate  Railway 
Company,  will  not  issue  any  further  bonds  secured  by 
the  first  mortgages  of  said  companies  above  recited, 
unless  such  further  bonds  shall  be  deposited  with  said 
Trustee  under  the  trusts  of  this  indenture ;  Provided,  how- 
ever, that  said  several  railway  companies  may  severally 
make  and  execute  indentures  supplemental  to  their  said 
respective  first  mortgages  limiting  the  issue  of  bonds  under 
said  first  mortages  to  such  bonds  as  have  then  already  been 
deposited  under  the  trusts  of  this  indenture,  and  limiting 
the  lien  of  said  deposited  bonds  to  the  lines  of  railroad  and 
property  then  constructed  or  acquired  by  the  use  of  said 
deposited  bonds,  or  to  the  mileage  represented  under  the 
terms  of  said  several  first  mortgages  by  said  underlying 
bonds  so  issued  and  deposited,  and  reserving  to  said  com- 
panies respectively  the  right  to  issue  and  use,  independently 
of  the  trusts  of  this  indenture,  bonds  on  any  other  portions 
of  their  chartered  roads  and  branches  to  be  secured  by  new 
first  mortgages  thereon.  In  the  event  that  any  such  supple- 
mental mortgage  or  mortgages  shall  be  executed,  an  agree- 
ment of  assent  thereto  shall  be  stamped  upon  the  bonds 
affected  thereby  which  shall  have  been  deposited  under  the 
trusts  of  this  indenture. 

And  it  is  agreed  by  and  between  the  parties  hereto  and 
each  holder  of  bonds  secured  hereby  that  the  total  issue  of 
bonds  of  The  Missouri  Pacific  Railway  Company  (hereinafter 
referred  to  as  the  First  Collateral  Mortgage  Bonds)  to  be 
secured  by  this  Indenture  shall  not  exceed  in  the  aggregate 
ten  millions  of  dollars. 

Jlicttjclc  2.  At  a  meeting  of  the  stockholders  of  The  Mis- 
souri Pacific  Railway  Company,  held  on  the  15th  day  of 
July,  1890,  which  meeting  was  duly  called  for  the  purpose 
and  60  days  public  notice  thereof  given,  the  execution  of 
this  instrument  and  of  the  bonds  secured  thereby  was   duly 


9 

authorized  by  corporate  resolution  duly  adopted  by  persons 
holding  the  larger  amount  in  value  of  the  stock  of  the  said  Com- 
pany, as  well  as  by  resolution  of  the  Board  of  Directors  of 
said  Company  at  a  meeting  of  said  Board  duly  called  and 
held. 

^Xtxclt  3.  Now,  therefore,  conformably  to  the  said  reso- 
lutions, and  authority  the  said  The  Missouri  Pacific  Kailway 
Company  proposes  to  issue  from  time  to  time  its  own  bonds 
(hereinafter  referred  to  as  the  First  Collateral  Mortgage 
Bonds),  dated  August  1st,  1890,  each  for  the  sum  of  $1,000, 
payable  on  the  1st  day  of  August,  1920,  bearing  interest  at 
the  rate  of  five  per  cent,  per  annum,  payable  semi-annually, 
both  principal  and  interest  payable  in  gold  coin  of  the 
United  States,  and  to  secure  the  payment  of  the  same  by  a 
deposit  with  the  said  Mercantile  Trust  Company,  Trustee, 
upon  the  trusts  and  in  the  manner  herein  stated,  of  any  of 
the  aforesaid  described  first  mortgage  bonds  now  held  or  that 
may  hereafter  be  possessed,  acquired  or  held  by  the  said  The 
Missouri  Pacific  Railway  Company  secured  by  the  mort- 
gages executed  by  the  said  The  Rooks  County  Railroad 
Company  :  The  St.  Louis,  Oak  Hill  and  Carondelet  Railway 
Company ;  The  Council  Grove,  Osage  City  and  Ottawa 
Railway  Company ;  The  Missouri  Pacific  Railway  Company, 
in  Kansas;  The  Kansas,  Nebraska  and  Dakota  Railway 
Company ;  The  Pacific  Railway  Company,  in  Nebraska ;  The 
Council  Grove,  Smoky  Valley  and  Western  Railway  Com- 
pany ;  The  Iron  Mountain  Railroad  Company  of  Memphis ; 
The  Kansas  City  and  Southwestern  Railway  Companies,  of 
Missouri  and  of  Kansas;  The  Grouse  Creek  Railway  Com- 
pany ;  The  Topeka,  Salina  and  Western  Railway  Company  ; 
The  Interstate  Railroad  Company,  and  The  St.  Louis  and 
Emporia  Railroad  Company  (or  the  successor  by  consolida- 
tion of  said  two  last-named  companies,  viz..  The  Interstate 
Railway   Company),    and    such   other   companies   as    shall 


10 

construct,  acquire  or  own  the  several  lines  of  railroad  and 
branches,  constructed,  in  process  of  construction,  or  pro- 
posed to  be  constructed,  as  set  forth  and  described  in 
Article  1  hereof. 

Each  bond  secured  by  this  indenture  is  in  the  following 
form  : 

(form  of  bond.) 

$1,000.         UNITED  STATES  OF  AMERICA.  No. 

The  Missouri  Pacific  Railway  Company's  First  Collateral 
Mortgage  Five  Per  Cent.  Bond. 

Know  all  men  hy  these  presents,  that  The  Missouri  Pacific 
Railway  Company  is  indebted  to  the  bearer,  or,  in  case  this 
bond  be  registered,  then  to  the  registered  owner  thereof,  in 
the  sum  of  One  Thousand  Dollars,  which  sum  said  company 
promises  to  pay  to  the  bearer,  or  in  case  of  registration,  to 
the  registered  holder  thereof,  on  the  1st  day  of  August,  1920, 
at  its  office  in  the  City  of  New  York,  and  also  interest  thereon 
at  the  rate  of  five  per  cent,  per  annum,  payable  semi-annually 
on  the  1st  days  of  February  and  August  ensuing  the  date 
hereof,  until  said  principal  sum  shall  be  paid,  on  presenta- 
tion of  the  annexed  coupons  at  the  financial  agency  of  the 
compan}^  in  the  City  of  New  York ;  both  principal  and  in- 
terest to  be  payable  in  gold  coin  of  the  United  States  of  the 
present  standard  of  weight  and  fineness. 

This  bond  is  one  of  a  series  of  ten  thousand  bonds,  each 
of  the  denomination  of  one  thousand  dollars,  numbered  con- 
secutively from  1  to  10,000  inclusive,  and  is  secured  by  a  deposit 
in  trust  with  the  Mercantile  Trust  Company,  Trustee,  under 
an  indenture  between  The  Missouri  Pacific  Railway  Company 
and  the  said  Mercantile  Trust  Company,  bearing  date  July  15, 
A.  D.  1890,  upon  the  terms  and  conditions  and  subject  to  the 
/trusts  specified  in  said  indenture,  of  first  mortgage  bonds  of 


11 

railway  companies  wliose  lines  of  railroad  and  property  are 
controlled  or  operated  as  a  part  of  its  system  by  The  Missouri 
Pacific  Eailway  Company. 

The  issue  of  this  series  of  bonds  is  limited,  as  specified  in 
said  indenture  of  trust,  to  a  rate  not  to  exceed  eighty  per 
cent,  of  the  par  value  of  the  first  mortgage  bonds  of  said 
auxiHary  railway  companies,  deposited  in  trust  as  aforesaid 
for  the  security  of  this  bond. 

This  bond  shall  pass  by  delivery  or  by  transfer  on  the 
books  of  this  Company,  in  the  City  of  New  York ;  after  regis- 
tration of  ownership,  certified  hereon  by  the  transfer  agent 
of  said  Company,  no  further  transfer  except  on  the  books  of 
this  Company  shall  be  valid  unless  transferred  to  bearer  on 
said  books,  after  which  this  bond  shall  pass  by  delivery  as 
at  first,  but  shall  continue  subject  to  registration  and  trans- 
fer to  bearer  successively  at  the  option  of  each  holder. 

This  bond  shall  be  valid  only  when  authenticated  by  a 
certificate  endorsed  hereon  signed  by  the  Trustee  to  the 
effect  that  it  is  one  of  the  bonds  secured  by  this  Company's 
said  Indenture  of  Trust  of  July  15th,  1890. 

In  testimony  whereof,  the  said  The  Missouri  Pacific  Eail- 
way Company  has  caused  its  corporate  seal  to  be  hereto 
affixed  and  this  bond  to  be  signed  in  its  corporate  name  by 
its  President  or  Vice-President  and  countersigned  by  its 
Secretary,  this  1st  day  of  August,  A.  D.,  1890. 

The  Missouri  Pacific  Railway  Company, 
By 

President. 
Countersigned  : 


Secretarv. 


12 

Each  coupon  to  the  said  bond  is  in  the  following  form  : 

(form  of  coupon.) 

On  the  first  day  of  The  Missouri 

Pacific  Railway  Company  Avill  pay  to  the  bearer,  at  its 
Financial  Agency,  in  the  City  of  New  York,  $25  in  gold  coin 
of  the  United  States,  being  six  months  interest  on  its  First 
Collateral  Mortgage  Bond  No. 

Treasurer. 

Each  bond  secured  by  this  indenture  has  endorsed  thereon 
the  certificate  of  the  Trustee  in  the  following  form  : 

(form  of  trustee's  certificate.) 

It  is  hereby  certified  that  the  within  bond  is  one  of  the 
bonds  secured  by  the  within  mentioned  Indenture  of  Trust 
between  The  Missouri  Pacific  Railway  Company  and  the 
undersigned  Trustee,  dated  July  15th,  1890. 

Mercantile  Trust  Company,  Trustee. 
By 

;    President. 

^XticXj^  4.  The  times  and  manner  in  which  deposits  in 
trust  herein  shall  be  made,  held  and  executed,  shall  be  as 
follows  : 

Upon  the  deposit  from  time  to  time  of  underlying  bonds 
herein  described  from  either  or  any  of  the  Railroad  or  Rail- 
way Companies  mentioned  and  described  in  Articles  1  and 
10  hereof,  at  the  rate  and  to  the  amount  per  mile  of  com- 
pleted road  allowed  by  their  respective  mortgages  as  speci- 
fied herein,  the  said  Trust  Company,  Trustee,  is  to  certify 
the  said  First  Collateral  Mortgage  Bonds  of  The  Missouri 
Pacific  Railway  Company  to  an  amount  equal  to  eighty  per 
cent,  of  the  par  value    of   the   underlying  bonds  w^hich  shall 


13 

have  been  thus  deposited  ;  Provided,  hoivever,  that  no  de- 
posit of  bonds  shall  be  made  except  of  the  number  allowed 
to  be  issued  for  one  mile  of  completed  road,  or  multiples 
thereof,  and  said  Trust  Company  shall  not  be  asked  to  cer- 
tify said  First  Collateral  Mortgage  Bonds  except  in  lots 
of  not  less  than  twelve  bonds  ;  and  Provided  further,  that  the 
Trust  Compan}^  shall  not  certify  under  this  indenture  First 
Collateral  Mortgage  Bonds  secured  hereby  to  an  amount  in 
the  aggregate  exceeding  ten  millions  of  dollars. 

The  certificate  of  said  Trust  Company  shall  declare  that 
the  bonds  thus  certified  are  issued  under  this  indenture ;  and 
the  holders  thereof  shall  thereupon  be  entitled  to  all  the 
benefits  of  said  trust  and  comprehended  in  all  its  provisions ; 
and  no  bond  not  thus  certified  shall  be  so  embraced  or  in 
any  manner  participate  in  the  trust  or  security  hereby  cre- 
ated. All  said  bonds  thus  deposited  in  trust  from  time  to 
time,  irrespective  of  the  date  of  such  deposit,  shall  stand  and 
be  held  as  a  common  security  as  well  for  said  First  Collateral 
Mortgage  Bonds  then  and  theretofore  issued  and  certified 
as  for  those  that  may  thereafter  be  issued  and  certified  in 
conformity  to  the  provisions  of  this  instrument.  This  pro- 
vision shall  not  be  construed  as  conflicting  with  provisions 
hereinafter  stated  as  to  the  disposition  of  said  bonds. 

JirtijCl^  5.  The  Missouri  Pacific  Eailway  Company  agrees 
to  pay  promptly,  as  it  matures,  the  semi-annual  interest  on 
said  First  Collateral  Mortgage  Bonds  to  the  holders  of  the  re- 
spective coupons  when  presented,  as  provided  in  the  said 
bonds.  The  interest  on  the  underlying  bonds  received  from 
time  to  time  by  the  Trust  Company  shall  at  once  be  paid 
over  to  The  Missouri  Pacific  Eailway  Company  ;  Provided, 
the  said  Missouri  Pacific  Eailway  Company  is  not  at  the 
time  in  default  in  the  payment  of  the  principal  or  interest 
on  the  said  First  Collateral  Mortgage  bonds. 

^xXifiXz  6«  No  responsibility  shall   attach  to    said   Trust 


14 

Company  in  regard  to  the  final  redemption  of  either  of 
said  classes  of  said  bonds  or  the  interest  thereof,  other 
than  as  funds  are  provided  therefor.  Nor  is  said  Trustee 
to  be  liable  for  any  act  or  omission  not  the  result  of  its  own 
willful  default. 

The  evidence  for  the  guidance  and  action  of  the  Trustee 
that  the  underlying  bonds  (in  respect  to  which  said  First  Col- 
lateral Mortgage  bonds  are  to  be  certified  by  the  Trustee 
herein  at  the  rate  herein  specified  and  provided)  are  of  the 
character  required  to  be  deposited,  shall  be  a  certified  copy 
of  the  corporate  resolution  to  that  effect  of  the  Board  of 
Directors  of  The  Missouri  Pacific  Kailway  Company,  be- 
yond which  resolution  the  said  Trustee  herein  is  not 
obliged  to  look. 

The  Trustees  shall  be  entitled  to  reasonable  compensation 
for  all  services  rendered  under  this  indenture. 

^XticXj^  7.  In  case  the  said  The  Missouri  Pacific  Railway 
Company  shall  fail  to  make  payment  of  the  interest  as  it 
matures  on  said  First  Collateral  Mortgage  bonds,  then, 
upon  the  request  of  the  holders  of  said  bonds  to  an 
amount  equal  to  twenty-five  per  cent,  of  such  bonds  then 
outstanding,  the  said  Trust  Company,  upon  six  weeks'  notice 
in  two  newspapers  in  the  Citj-  of  New  York  of  the  time  and 
place  of  sale,  shall  sell  at  public  auction,  unless  it  shall  elect 
to  proceed  by  suit,  such  portion  of  the  said  underlying 
bonds,  or  other  securities  which  it  may  so  have  in  its  pos- 
session for  said  trust,  as  may  be  necessary  to  pay  the 
amount  of  principal  and  interest  to  date  of  sale  of 
all  the  said  First  Collateral  Mortgage  bonds  of 
the  said  The  Missouri  Pacific  Railway  Company  re- 
maining unpaid ;  and  if  the  proceeds  of  the  said  sale 
shall  be  insufficient  for  that  purpose,  shall  distribute 
the  same  pro  rata,  and,  after  payment  of  all  said  First 
Collateral  Mortgage  Bonds  and  such  interest  from  the  pro- 


15 

ceeds  of  sale,  surrender  the  surplus,  if  any,  with  the  remainder 
of  the  bonds  and  securities,  to  the  said  The  Missouri  Pacific 
Kailway  Company  ;  and  in  case  the  said  The  Missouri  Pacific 
Railway  Company  shall  fail  to  pay  the  principal  of  its  said 
bonds  at  maturity,  said  Trust  Company  is  in  like  manner  to 
sell  or  foreclose  said  underlying  bonds  thus  held  in  trust, 
apply  the  proceeds  to  the  payment  of  said  bonds  of  the  said 
The  Missouri  Pacific  Railway  Company,  and  the  interest  due 
thereon,  and  surrender  the  surplus  and  the  remainder  of 
the  bonds  and  securities,  if  any,  to  the  said  The  Missouri 
Pacific  Railway  Company. 

^Xticlz  6.  In  case  of  default  in  the  payment  of  either 
the  principal  or  interest  of  the  said  underlying  bonds,  or 
any  part  thereof,  then  said  Trust  Company,  upon  the  request 
of  the  said  The  Missouri  Pacific  Railway  Company,  shall,  upon 
being  reasonably  indemnified  for  costs  and  expenses,  take 
the  necessary  steps  to  cause  the  mortgage  or  mortgages 
securing  the  payment  of  the  underlying  bonds  thus  in 
default  to  be  foreclosed,  and  to  that  end  said  Trustee  shall 
commence  or  unite  in  any  foreclosure  suit  or  proceedings  to 
foreclose  the  said  underlying  bonds,  including  the  reorgani- 
zation of  the  company  foreclosed,  or  the  incorporation  of  a 
new  company,  and  in  such  case  the  underlying  bonds  held 
under  the  trusts  hereby  created,  may  be  by  said 
Trustee  deposited  w4th,  transferred  to,  or  held  subject 
to  the  order  of  any  foreclosure  or  purchasing  com- 
mittee as  and  whenever  required  for  that  purpose, 
provided  that  any  receipt,  certificate  or  other  evi- 
dence of  title  and  ownership  of  any  interest  in  such  fore- 
closure or  reorganization  given  or  received  for  any  of  said 
underlying  bonds  so  transferred  or  deposited  or  held,  and 
any  and  all  titles  and  any  and  all  new  shares  or  securities  of 
such  reorganized  or  new  company  shall  be  made   or   issued 


16 

to  said  Trustee  and  held  by  it  under  the  same  trusts   as   the 
underlying  bonds  so  transferred,  deposited  or  held. 

Jlvticlc  9.  It  is  expressly  agreed  by  and  between  the 
parties  hereto  and  each  bondholder  secured  hereby,  that  if 
any  two  or  more  or  all  of  the  Eailroad  or  Railway  Companies 
liereinbefore  named  in  Article  1  hereof  as  the  companies 
issuing  underlying  bonds,  shall  consolidate  with  themselves 
or  with  other  connecting  railways  which  are  part  of  the 
Missouri  Pacific  Railw^ay  system  that  the  consolidated 
Company  or  Companies  may  issue  bonds  secured  by  a  first 
mortgage  on  the  railroads  so  consolidated  and  place  or  sub- 
stitute the  same  with  the  Trustee  hereof  in  lieu  or  in  the 
place  of  the  underlying  bonds  hereinbefore  described,  by  a  de- 
posit of  the  same  wdth  the  Trustee  hereof  under  the  trusts 
of  this  Indenture  ;  provided  that  the  underlying  bonds,  if 
then  already  issued  and  deposited,  shall  be  canceled  when 
such  substitution  is  made,  and  that  evidence  thereof  shall 
be  duly  recorded  ;  and,  provided  further,  that  such  bonds  of 
such  consolidated  company  or  companies,  or  substituted 
bonds,  are  secured  by  a  first  mortgage  lien  on  the  consoli- 
dated railroad  or  railroads  in  respect  of  which  they  are 
issued,  and  are  issued  at  no  greater  rate  per  mile  of  com- 
pleted road  than  the  underlying  bonds  of  the  constit- 
uent companies,  or  the  deposited  bonds  for  which  they  are 
subsititued  ;  it  being  agreed  that  all  of  the  trusts,  provisions 
and  limitations  of  this  Indenture  as  to  the  underlying  bonds 
above  herein  described  shall  apply  to  the  said  consolidated 
bonds  placed  or  substituted  with  the  Trustee  herein  as  above 
provided. 

All  underlying  bonds  and  all  of  said  substituted  bonds 
deposited  with  the  Trustee  herein,  under  Articles  1  and 
10  hereof,  shall  be  stamped  so  as  to  show  that  they  haVe 
been  deposited  under  and  are  held  by  the  Trustee  for  the 
trusts  of  this  Indenture. 


17 

Jlt;txi:Ije  XO.  Inasmuch  as  by  their  terms  some  or  all  of 
the  underlying  bonds  fall  due  prior  to  the  date  of  the  ma- 
turity of  the  bonds  of  The  Missouri  Pacific  Kailway  Com- 
pany secured  by  this  Indenture,  it  is  agreed  by  and  between 
the  parties  hereto  and  each  bondholder  secured  hereby  that 
said  Companies  respectively  which  issued  such  underlying 
bonds,  or  their  successors,  may  at  the  maturity  of  such  un- 
derlying bonds,  extend  the  time  of  the  payment  thereof,  at 
the  same  rate  of  interest,  until  the  date  of  the  maturity  of 
the  said  First  Collateral  Mortgage  bonds  secured  hereby,  the 
same  remaining  in  this  trust  and  subject  to  the  provisions 
thereof,  or  instead  of  such  extensions,  such  underlying 
bonds  may  at  their  muturity  be  renewed,  and  such  renewal 
bonds  shall  be  received  and  held  by  the  Trustee  herein  upon 
the  trusts  thereof,  but  such  renewal  bonds  shall  be  first 
mortgage  bonds  secured  on  the  same  property,  bearing,  at 
least  down  to  August  1st,  1920,  interest  at  a  rate  not  less 
than  the  bonds  renewed,  and  shall  not  be  issued  at  any 
greater  rate  per  mile  of  completed  road  than  were  the  bonds 
"which  are  so  renewed. 

^xticXz  XX.  For  all  expenditures  made  and  services  ren- 
dered in  the  execution  of  this  trust,  said  Trust  Company 
shall  receive  a  reasonable  compensation,  to  be  paid  out  of 
the  proceeds  of  the  trust  fund  before  any  payments  are  made 
for  or  on  account  of  interest  or  principal  of  said  bonds. 

It  is  understood  and  agreed,  that  upon  the  redemption  or 
payment  of  principal  and  interest  and  cancellation  of  said 
Missouri  Pacific  Railway  Company's  First  Collateral  Mortgage 
bonds  certified  under  this  agreement,  and  upon  the  payment 
to  the  Trust  Company  of  all  the  reasonable  expenses  of  this 
trust,  the  remaining  bonds,  securities  and  cash,  if  any,  shall 
be  paid  over  to  The  Missouri  Pacific  Kailway  Company. 

in  tjesttmjong  wUtXi^off  the  said  The  Missouri  Pacific 
Railway  Company  has  caused  its  corporate  seal  to  be  hereto 


18 

affixed  and  these  presents  to  be  subscribed  by  its  President 
and  Secretary,  and  the  said  Mercantile  Trust  Company 
has  caused  its  corporate  seal  to  be  hereto  affixed,  and  these 
presents  to  be  subscribed  by  its  President  and  Secretary,  the 
day  and  year  first  above  written.  This  indenture  is  executed 
in  triplicate,  to  serve  as  one. 

The  Missouri  Pacific  Eailway  Company, 

By 

Jay  Gould, 

President. 

[seal.] 


Attest : 

A.  H.  Calef, 

Secretary. 

The  Mercantile  Trust  Company, 
By 

Louis  Fitzgerald, 

President. 

[SEAL.] 


Attest : 

C.  Hunter, 

Asst.  Secretary. 


19 

State  of  New  York,  ) 

>  ss.: 
City  and  County  of  New  York,  ) 

Be  it  remembered,  that  on  this  17th  day  of  July,  A.  D, 
1890,  before  me,  Wm.  J.  Harding,  a  Notary  Public,  in 
and  for  the  State  and  County  of  New  York,  personally 
appeared  Jay  Gould,  President,  and  Amos  H.  Calef,  Secre- 
tary, of  The  Missouri  Pacific  Eailway  Company,  to  me  re- 
spectively personally  known  to  be  such,  who,  being  by  me. 
severally  sworn,  did  depose  and  say  that  he,  said  Gould,  re- 
sides in  New  York  City,  State  of  New  York ;  that  he,  said 
Gould,  is  the  President,  and  he,  said  Calef,  is  the  Secretary 
of  the  said  The  Missouri  Pacific  Eailway  Company ;  that 
they  both  know  the  corporate  seal  of  said  Company  ;  that 
the  seal  affixed  to  the  foregoing  instrument  is  such  corporate 
seal ;  that  it  was  so  affixed  thereto  by  order  of  the  Board  of 
Directors  of  said  Company  and  that  they,  the  said  Gould,  as 
such  President,  and  the  said  Calef,  as  Secretary,  signed  the 
name  of  said  Company,  and  their  own  names  thereto,  by  the 
like  order,  as  President  and  Secretary  of  said  Company  re- 
spectively, and  they  each,  respectively,  being  personally 
known  to  me  to  be  the  same  persons  whose  names  are  signed 
to  the  foregoing  instrument,  as  parties  thereto,  acknowledged 
to  me  that  they  signed,  sealed  and  executed  the  same  as 
their  own  free  and  voluntary  act  and  deed,  and  as  the  free 
and  voluntary  act  and  deed  of  the  said  Company,  for  the  con- 
sideration, purposes  and  objects  therein  stated. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
official  seal  the  day  and  year  first  above  written. 

Wm.  J.  Harding, 
[SEAL.]  Notary  Public, 

New  York  and  Kings  Counties, 
State  of  New  York. 


20 

State  of  New  Yoke,  ^ 

>  ss.: 
City  and  County  of  New  York,  ) 

Be  it  remembered,  that  on  this  17th  day  of  July,  A.  D. 
1890,  before  me,  Wm.  J.  Harding,  a  Notary  Public,  in  and 
for  the  State  and  County  of  New  York,  personally  appeared 
Louis  Fitzgerald,  President,  and  C.  Hunter,  Assistant 
Secretary,  of  the  Mercantile  Trust  Company,  to  me 
respectively  known  to  be  such,  who,  being  by  me  severally 
duly  sworn,  did  depose  and  say  that  he,  said  Fitzgerald, 
resides  in  New  York  City,  State  of  New  York  ;  that  he,  said 
Fitzgerald,  is  the  President,  and  he,  said  Hunter,  is  the 
Assistant  Secretary  of  the  said  Mercantile  Trust  Company ; 
that  they  both  know  the  corporate  seal  of  said  Com- 
pany ;  that  the  seal  affixed  to  the  foregoing  instrument  is 
such  corporate  seal ;  that  it  was  so  affixed  thereto  by  order 
of  the  Board  of  Directors  of  said  Company,  and  that  they, 
the  said  Fitzgerald,  as  such  President,  and  the  said  Hunter, 
as  Assistant  Secretary,  signed  the  names  of  said  Company 
and  their  own  names  thereto,  by  the  like  order,  as  President 
and  Assistant  Secretary  of  said  Company,  respectively,  and 
they  each,  respectively,  being  personally  known  to  me  to  be 
the  same  persons  whose  names  are  signed  to  the  foregoing 
instrument,  as  parties  thereto,  acknowledged  to  me  that  they 
signed,  sealed  and  executed  the  same  as  their  own  free  and 
voluntary  act  and  deed,  and  as  the  free  and  voluntary  act 
and  deed  of  said  Company,  for  the  consideration,  purposes 
and  objects  therein  stated. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
affixed  my  official  seal  the  day  and  year  first  above  men- 
tioned. 

Wm.  J.  Harding, 
[seal.]  Notary  Public, 

New  York  and  Kings  Counties, 
State  of  New  York. 

July  25,  '90.— 1000. 


Gaylamount 

Pamphlet 

Binder 

Gaylord  Bro»..  Inc 

Stockton,  Calif. 

T.M.  Reg.  U.S.  Pat.  Off. 


\^m 


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